2011-03-07_REVISION - M1980041 (4)

Home Browse Search

,cs Feb 25 2011 11:498M HP LASERJET FAX ??II ?U ??II Iil? I?? ?H?I I?? IIII 392665 2123/2011 9:0s AM JOYCE M. RENO 1 of 3 AGREE R$0.00 D$0.00 Chaffee County Clerk SETBACK AGREEMENT THIS AGREEMENT is made as of January 28, 2011, by and between the Board of County Commissioners of Chaffee County (the "County"), and James L. Treat, whose address is 225 "G'' Screet, Salida, CO 81201 ("Treat"): BACKGROUND A. The County is the owner of the following described public property or rights-of-way: County Roads 107 and 107A (having widths of 30' from the centerline, 60' total width); the Woodlawn Cemetery. Such public property/rights-of-way are shown on the attached Exhibit A and are referred to in this Agreement as "Public Property" 3. Treat is seeking an expansion of his existing mining operations as reflected on Exhibit A. In order to obtain a permit from the State of Colorado, Treat and the County must agree to a 25' setback from the Public Property. C. Subject to Treat obtaining a mining permit from the County which would enable such expanded mining operations, as further described below, the County has agreed to allow Treat a 25' setback from the Public Property. AGREEMENT In consideration of the promises and covenants described herein, the County and Treat agree as follows: I. Treat acknowledges that the proposed mining operations constitute an expansion of an existing non-conforming use and as such, Treat is required to obtain a mining permit from the County in order to conduct such operations. This Agreement shall not be construed as approval of,or a vested right with respect to such a permit and any time, money or labor expended by Treat with regard to the proposed mining operations shall be at Treat's own risk and peril. Subject to Treat obtaining such a permit and complying with all other conditions and obligations set forth in this Agreement, the County agrees to a 25' setback from the Public Property. 2. In no event shall Treat interfere with or obstruct the use and enjoyment of the Public Property. Treat shall indemnify, save, defend and hold harmless the County, its departments, boards, officials, and their employees and agents against any and all claims (including mechanic's liens), damages, costs and expenses of any kind and attorneys' fees arising from or in connection with the proposed mining operations, including any damage to the Public Property. 3. Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any provision of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., as it may be amended from time to time ("CGIA"). Liability arising out of the negligence of the County, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the CGIA. p.4 Page I of .2